“As long as a physician is not negligent … and as long as the physician follows the informed consent statute it should not be a problem at this point in time,” Rep. Erin Grall, R-Vero Beach, said. | AP Photo

House panel narrowly passes abortion tort legislation

TALLAHASSEE — After a contentious debate that cobbled together uncommon special interest allegiances, a House panel Thursday passed legislation that would allow women to sue under certain circumstances if they were harmed during an abortion.

The bill, HB 19, creates a “cause of action” for a woman who is physically injured or suffers emotional harm due to an abortion if the doctor did not first get “informed consent,” which is when a doctor gets a patient’s permission before doing a medical procedure.

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Mark Delegal, a lobbyist representing The Doctors Company, said there is concern, if the bill becomes law, about increased insurance costs for physicians.

“This is bigger than the abortion issue,” said Delegal, who called the bill shocking.

It’s the same position taken by Equality Florida, the state’s largest LGBTQ organization.

John Harris, who spoke for the group, said that the prospect of “frivolous lawsuits” would amount to a “blatant attempt to intimidate and shut down law-abiding abortion providers.”

Delegal, one of the state’s most prominent insurance lobbyists, and Equality Florida testifying on the same issue underscores the strange special interest bedfellows that have come together as a result of the bill.

Rep. Erin Grall, R-Vero Beach, an attorney sponsoring the bill, said the issue is about “protecting women” and giving them access to the court when harmed by an abortion provider. She pushed back against concerns it would spike costs for physicians.

“As long as a physician is not negligent … and as long as the physician follows the informed consent statute it should not be a problem at this point in time,” she said.

The bill was originally announced as defeated by the House Civil Justice and Claims Subcommittee, but passed after some confusion and a recount. There is not yet a companion bill in the Senate.